How a Reprisal is Connected with Termination of Employment

Understanding Reprisal and Termination of Employment in Ontario’s Workplaces

Ontario’s employment law safeguard employees from unfair treatment in the workplace, including termination of employment. In fact, a few of the primary areas that protect employees are unlawful reprisal, wrongful dismissal clai m, and constructive dismissal claim. While they are separate legal rules, they can be connected in interesting ways.

The Law of Reprisal: Explained

The concept of a reprisal is found in various areas of Ontario’s workplace law, including under the Employment Standards Act, Occupational Health and Safety Act and the Human Rights Code, all of which clearly prohibit reprisals by employers. Put simply, reprisal occurs when an employer punishes or threatens to punish an employee for exercising their legal rights.

For example, section 74(1) of the Employment Standards Act provides that a reprisal occurs when an employer (or someone acting on behalf of an employer) intimidates, terminates or otherwise penalizes an employee (or threaten to do so) because the employee:

asks the employer to comply with their legal obligations as an employer
makes inquiries about his or her rights under employment law
files a complaint with the Ministry employment law
exercises or attempts to exercise a right under employment law
gives information to an employment standards officer
makes inquiries about the rate paid to another employee for the purpose of determining or assisting another person in determining whether an employer is complying with equal pay for equal work rules
discloses the employee’s rate of pay to another employee for the purpose of determining or assisting another person in determining whether an employer is complying with equal pay for equal work rules
is or will become eligible to take, intends to take, or takes a job-protected leave, such as a sick leave or pregnancy leave

Similarly, section 50 of the Occupational Health and Safety Act that no employer or person acting on behalf of an employer shall,

dismiss or threaten to dismiss a worker
discipline or suspend or threaten to discipline or suspend a worker
impose any penalty upon a worker
intimidate or coerce a worker

Likewise, section 8 of the Human Rights Code provides that an employee can file a reprisal claim to enforce their human rights against the employer without fearing reprisal (or even the treat of it).

Examples of Reprisal and Termination of Employment

In Ontario employment law, the issues of unlawful reprisal and termination of employment may be connected in various ways based on the actions of an employer:

Wrongful Dismissal: if an employer terminates an employee shortly after they raise a legitimate concern about workplace safety; request information about their level of salary or benefits; or requests or takes a pregnancy leave, parental leave or sick leave.
Reduced hours or demotion: An employer might penalize an employee who files a workplace harassment complaint by cutting their work hours, or demoting the employee from their role or downgrading responsibilities (constructive dismissal).
Unjustified negative performance reviews: An employee who exercises their rights might suddenly receive poor performance reviews after consistently positive ones.
Workplace social isolation or increased scrutiny: An employer might try to exclude or harass an employee who complains about an issue, or engages in micromanagement of the employee’s work.

Wrongful Dismissal Explained

Wrongful dismissal is a legal term used when an employer terminates an employee’s employment without proper cause or notice. This includes situations where:

The termination violates the employee’s legal rights under common law to receive prior notice of termination or termination pay (unless the employee has previously signed an employment contract with a legally valid termination clause limiting their severance package entitlement)
The reason for termination is not legitimate, such as discrimination or retaliation for exercising their workplace legal rights
The employer fails to follow a their own policies or procedure regarding termination, or not engaging in a fair and unbiased investigation of workplace harassment (e.g., not providing the opportunity to respond to allegations) before termination

How to Address Reprisal or Wrongful Dismissal

If you are an employee who believe you are a victim of reprisal or wrongful dismissal by your employer, here are some steps you can take:

Document Everything: Keep a record of names, dates, times, and details of any incidents you believe constitute unlawful workplace reprisal or wrongful dismissal.
Review Workplace Policies: familiarize yourself with the employer’s rules and procedures, such as workplace harassment, and if possible, file an internal workplace harassment complaint with your employer to initiate an investigation and address the workplace issues.
Seek Legal Advice: By doing a consultation, experienced Ontario employment lawyer can advise you on your employee legal rights and options, including filing a complaint or negotiating severance package.
Talk to the Ministry of Labour: The Ontario Ministry of Labour can investigate complaints of reprisal and help determine if your termination was wrongful.

Book a Consultation with an Employment Lawyer in Toronto

At Bune Law, we understand and are familiar the complexities of workplace law and are committed to helping both employers and employees navigate these challenges. Whether you are an employer or employee dealing with employment contracts, workplace disputes like a wrongful dismissal or constructive dismissal, or simply need guidance on your rights and obligations for a severance package review and negotiation, our experienced employment lawyer is here to assist you.

Book a confidential consultation with our Toronto employment law firm to protect your legal rights to understand your options and protect your rights. Why Choose Bune Law When You Need an Ontario Employment Lawyer?

Experience in all areas of workplace law, including wrongful dismissal claims, constructive dismissal claims, severance package reviews, severance package negotiations, discrimination and human rights disputes, and employment contract reviews.
Proven track record of successfully resolving workplace disputes through negotiation, mediation, and employment litigation.
Compassionate and personalized approach to each case, ensuring tailored solutions that meet your specific needs.

If you need a Toronto employment lawyer who is committed to delivering strong results and proactive solutions, please contact Bune Law online or by phone today at 647-822-5492.